Bombay High Court
Jay Maha. Prathamik ... vs The Commissioner Of Fisheries And ... on 1 March, 2021
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 1083/2021
Jay Maharashtra Prathamik Bhujalashayin
Matsyavyavsay Sahkari Sanstha Maryadit,
Kherda, through its Chairman, Shri Dnyaneshwar
Sahebrao Thakare, aged about major,
At post Kherda, Tq. Karanja Laad, Dist.
Washim. .....PETITIONER
...V E R S U S...
1. The Commissioner of Fisheries and
Add. Registrar Co-op. Society (Fishery)
Maharashtra State, Taraporwala Matsyalaya,
Charni Road, Mumbai-440 002.
2. The Asstt. Commissioner of Fisheries (Tech.)
Washim, Triveni Nagar Railway Station Road,
Washim.
3. The Regional Dy. Commissioner of Fisheries,
Amravati Division, Amravati.
4. The Asst. Registrar, Co-op Society (Dairy),
Akola, Add. District Dairy Development Office,
Murtizapur Road, Behind Govt. Dairy, Akola.
5. Vikasganga Matsayavyavsai Sahakari
Sanstha Maryadit, Zodga, Tq. Karanja Laad,
Dist. Washim, through its Chairman/
Secretary. ...RESPONDENTS
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Mr. A. P. Kalmegh, Advocate for petitioner.
Mrs. M. A. Barabdhe, A.G.P. for respondent nos. 1 to 4.
Mr. A. P. Tathod, Advocate for respondent no.5.
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CORAM:- V. M. DESHPANDE, J.
DATED :- 01.03.2021.
ORAL JUDGMENT
1. Rule. Rule is made returnable forthwith. Heard finally
by consent of learned counsel for the parties. Heard Mr. Kalmegh,
learned counsel for petitioner, Mrs. Barabdhe, learned A.G.P. for
respondent nos.1 to 4 and Mr.Tathod, leaned counsel for
respondent no.5.
2. By this writ petition, the petitioner is challenging order
passed by respondent no.1 dated 18.12.2020 by which the said
authority allowed the appeal filed on behalf of respondent no.5
i.e. Appeal No.1/2019 thereby cancelling registration of the
petitioner in respect of tank situated at Zodga, Tq. Karanja, Dist.
Washim and disentitling petitioner to have fishing rights therein.
3. The petitioner has filed Roznama of the appeal.
Relevant portion is at pages 48 and 49 of the compilation of this
writ petition. The order sheet dated 15.02.2020 shows that
respondent no.5 herein was represented by his counsel before the
authority whereas there was nobody on behalf of the present
petitioner. The matter was then kept on 13.03.2020. On the said
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day, the petitioner as well as respondent no.5 were represented by
their respective counsel and matter was adjourned to 24.04.2020.
4. It is submitted before this Court by learned counsel for
the petitioner, which is not disputed by learned counsel for
respondent no.5, that due to lockdown, the matter was not taken
on 24.04.2020 thereafter the order sheet is of dated 15.12.2020.
On the said day, counsel for respondent no.5 was present. Nobody
was present on behalf of petitioner and after hearing counsel for
respondent no.5, authority has passed order dated 18.12.2020.
5. The submission made on behalf of the petitioner is that
order impugned is hit by the principles of natural justice inasmuch
as behind back of the petitioner, the order is passed. It is not
disputed by respondent no.5 that no fresh notice was given to the
petitioner intimating that the date is fixed on 15.12.2020 when
the matter was heard by respondent no.1.
6. In that view of the matter, I am of the view that
impugned order cannot stand to the scrutiny of law. Hence, I pass
the following order.
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ORDER
(i) The writ petition is allowed.
(ii) Order dated 18.12.2020 passed by
respondent no.1 in Appeal No.1/2019 is hereby
quashed and set aside.
(iii) Respondent no.1 is directed to decide
Appeal No. 1/2019, afresh by giving opportunity of
hearing to the petitioner as well as respondent no.5.
(iv) Both the parties submit that they will
appear before respondent no.1 on 07.04.2021. The
respondent no.1 shall decide appeal within two
months from 07.04.2021, by giving opportunity of
hearing to both the parties.
(v) Till decision of the appeal by the appellate
authority, petitioner shall have fishing rights in the
tank situated at Zodga, Tq. Karanja, Dist. Washim,
which was already granted in favour of the petitioner.
Rule is made absolute in the above terms.
No order as to costs.
JUDGE
kahale
